WATER SUPPLY WATERSHED PROTECTION DISTRICTS
The watershed protection districts shall overlay other zoning districts so that all land lying within the watershed protection districts shall also be included in the underlying district(s). Each parcel of land within the watershed protection district shall be subject to the provisions, regulations, and restrictions of both the watershed protection district and its underlying district(s). In the event of a conflict or discrepancy between the requirements of the watershed protection overlay and the underlying district(s), the more stringent shall apply.
Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Coweta County and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation, which threatens the storage capacity of reservoirs. Industrial land uses that involve the manufacture, use transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby drinking water supplies. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable.
Purpose. The purpose of the water supply watershed protection district regulation is to establish measures to protect the quality and quantity of the present and future water supply for Coweta County; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watersheds.
1.
Interpretation of certain terms and words. For the purpose of interpreting this article certain words or terms used herein shall be defined as follows:
a.
Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.
2.
List of definitions. Except as specifically defined herein or within article 3 of these regulations, all words used in this article shall carry their customary meanings as defined in a standard dictionary.
Authority. The use of the word "authority" shall mean the community development department.
Buffer. A natural or enhanced vegetated area located adjacent to reservoirs or perennial streams within a water supply watershed with no or limited minor land disturbances, such as trails and picnic areas. Specific buffer uses may be defined by local governments consistent with these criteria.
Confined animal feeding operation. A building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: horses - one per 43,560 square feet (one per acre); cow - one per 43,560 square feet; sheep or goats - one per 20,000 square feet; fowl — 20 per 43,560 square feet.
Corridor. All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.
County. The board of commissioners of Coweta County, Georgia.
Development or single development. Any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership.
Enforcer. The enforcer is defined as the community development director, or their designee.
Hazardous material. Any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereinafter amended.
Hazardous waste. Any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 CFR section 261-3 as hereafter amended and any designated hazardous waste. Also, any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A § 12-8-60 et seq., as hereafter amended.
Impervious surface. A manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples include, but are not limited to, buildings, roads, driveways, parking lots, decks, swimming pools, or patios.
Large quantity generator of hazardous waste. Any person, corporation, partnership, association or other legal entity that is defined as a "large quantity generator" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq., as hereafter amended, and that is regulated by the State of Georgia under that section.
Natural vegetation area. An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced or maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to:
(a)
Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife.
(b)
Outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, nonmotorized boating, horseback riding, swimming, canoeing, skeet and trap shooting.
(c)
Education, scientific research and nature trails.
(d)
Maintenance or repair of lawfully located roads, structures, and utilities used in their service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized.
(e)
Limited excavation, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.
Nonconforming uses. A land use activity, building or structure legally established prior to adoption of this ordinance, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this ordinance.
Overlay district. A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category.
Perennial stream. A stream that has normal stream flow consisting of base flow (discharge that enters the stream channel mainly from groundwater) or both base flow and direct runoff during any period of the year.
Reservoir boundary. The edge of a reservoir, defined by its normal pool level (elevation above mean sea level).
Streambank. The rising ground bordering a stream or river, which serves to confine the water to the natural channel during the normal course of flow. The top of the stream or riverbank is usually marked by a break in slope.
Utility. Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems. Railroads, or other utilities identified by Coweta County.
Watershed protection district. A map overlay which imposes a set of requirements in addition to those of the underlying zoning district.
Water supply reservoir. A governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.
Water supply watersheds. The area of land upstream of a governmentally owned public drinking water intake.
(Ord. No. 030-09, 9-1-09; Ord. No. 005-20, 1-7-20)
The protected water supply watershed districts are hereby designated, and shall be consist of the land areas that drain to the public water supply intake or water supply reservoir. The boundaries of these districts are defined by the ridgelines of the respective watersheds and the boundary of a radius seven miles upstream of the respective public water supply intakes.
The following watershed districts are hereby established and designated:
•
Newnan Utilities Intake on Line Creek/Little Creek as delineated by the Map Watersheds for Coweta County on Line Creek and Fayette County on Line Creek (figure 211B.i).
•
Fayette County Intake on Line Creek as delineated by the Map of Watersheds for Coweta County on Line Creek and Fayette County on Line Creek (figure 211B.i).
•
Newnan Utilities Intake on Sandy Creek/Brown Creek as delineated by the Map of Sandy/Brown Creek and Newnan Lakes Watersheds (figure 211B.ii).
•
Coweta County Intake on Cedar Creek as delineated by the Map of Coweta County B.T. Brown Intake and Sewell Mill Pond Pumpback (figure 211B.iii).
•
Coweta County Intake at B.T. Brown Reservoir as delineated by the Map of Coweta County B.T. Brown Intake and Sewell Mill Pond Pumpback (figure 211B.iii).
•
City of Senoia Intake at Hutchens Lake as delineated by the Map of City of Senoia Hutchens Lake Intake Watershed (Figure 211B.iv).
•
Newnan Utilities Intake on White Oak Creek as delineated by the Map of Coweta County White Oak Creek Intake Watershed (Figure 211B.v).
All uses allowed in the underlying zoning districts, as established by this ordinance, except for those listed in prohibited uses, are permitted in the water supply watershed protection district and subject to the following conditions and standards:
I.
Natural buffer and setback requirements.
A.
The perennial stream corridors within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:
(i)
A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the streambanks.
(ii)
No impervious surface shall be constructed within a 150-foot setback on both sides of the stream as measured from the streambanks.
(iii)
Septic tanks and septic tank drainfields are prohibited in the setback area of (ii) above.
B.
The perennial stream corridors outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:
(i)
A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the streambanks.
(ii)
No impervious surface shall be constructed within a 75-foot setback on both sides of the stream as measured from the streambanks.
(iii)
Septic tanks and septic tank drainfields are prohibited in the setback area of (ii) above.
C.
A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.
The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, whichever is greater.
Water supply reservoirs located within the Sandy Creek/Brown Creek watershed district are owned and managed by The City of Newnan. The Watershed Protection Plan for Newnan Water Plant Reservoirs and Low Flow Monitoring Plan, May 1995, was developed by Newnan Water Sewerage and Light Commission; approved by the Department of Natural Resources; adopted by the City of Newnan; and as amended, is incorporated by reference into this ordinance.
The B.T. Brown Reservoir Management Plan, as amended, is incorporated by reference into this ordinance.
The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:
I.
Utilities.
A.
Utilities shall be located as far as reasonably possible from the streambank, and shall not impair the quality of the drinking water stream.
B.
Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as possible.
II.
Forestry and agriculture activities.
A.
Agriculture activities involving the planting and harvesting of crops are exempted if they conform to the best management practices established by the Georgia Department of Agriculture.
B.
Silviculture activities must conform to the best management practices established by the Georgia Forestry Commission.
C.
The activity shall not impair the quality of the drinking water stream.
III.
Mining activities.
A.
All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.
Except for the exemptions listed, all forms of development within the watershed protection district shall be required to have a site plan submitted and approved according to this ordinance before any rezoning requests, development, or building permits may be approved or any land disturbing activity may take place. The site plan shall be certified by a Georgia Registered Engineer or Surveyor. Each site plan submitted shall include the following:
1.
A site plan drawn to a scale and showing all planned improvements including width, depth, and length of all existing and proposed structures, roads, or accessways, watercourses, drainageways, water, wastewater, and stormwater facilities, utility installations, and parking areas.
2.
Location, dimensions, an area of all impervious surfaces, both existing and proposed, on the site.
3.
The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or body of water.
4.
Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.
5.
Erosion and sedimentation control plan.
6.
Any facility in the process of expanding shall provide location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous toxic waste.
The following activities and developments are exempt from the requirement for detailed site plans:
1.
Single-family dwelling as defined in the Coweta County Zoning and Development Ordinance located within a division of land which is not subject to the county's subdivision regulations provided the applicant submits a letter or survey certified and sealed by a Georgia Registered Land Surveyor, that the boundary of the applicant's property is greater than 150 feet from a perennial stream, as measured from the top of the bank, and greater than 150 feet from the boundary of an existing or future watershed reservoir.
2.
Repairs to a facility that is part of a previously approved and permitted development.
3.
Ordinary maintenance.
A preapplication conference is strongly encouraged between the applicant and the community development department and can be scheduled at the request of the applicant. The purpose of the meeting is to review local land use restrictions, site plan requirements and the permitting process.
(Ord. No. 005-20, 1-7-20)
Within the water supply watershed district, no land disturbing activity, construction or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be full compliance with the terms of this ordinance and other applicable regulations, including, but not limited to, the Coweta County Zoning and Development Ordinance, Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Damage Prevention Ordinance. All activities that are not permissible as of right or as conditional use shall be prohibited.
1.
If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.
2.
If construction described in the development permit is suspended after work has commenced, the permit shall expire twelve months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.
All development activities or site work conducted after approval of the site plan shall conform to the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the community development director. Minor changes such as realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.
(Ord. No. 005-20, 1-7-20)
New facilities located within the water supply watershed district that handle hazardous materials of a type and amounts requiring a permit from the department of natural resources or that require disposal by a hazardous materials handler permitted or licensed by the department of natural resources at a hazardous materials facility, shall perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.
All developments and land disturbing activity within the water supply watershed district shall comply fully with the soil erosion and sedimentation control ordinance of the county.
Underground fuel and chemical storage tanks will be allowed if they meet all of the requirements set forth by the Georgia Department of Natural Resources Environmental Protection Division.
The county, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary. Enforcement procedures shall be as provided in section 273 (violations), section 277.1 (penalties), section 277.2 (Remedies), section 278 (records), section 278.1 (fees) of the Coweta County Zoning and Development Ordinance, under article 27 (administration and enforcement).
1.
All sanitary landfills with or without synthetic liners and leachate collection systems.
2.
New wastewater discharges are prohibited.
3.
New hazardous waste treatment or disposal facilities.
Each application shall comply with all existing ordinances, amendments, thereto and subsequent amendments. Said ordinances include but are not limited to the Coweta County Zoning and Development Ordinance, the Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Hazard Ordinance.
All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance.
WATER SUPPLY WATERSHED PROTECTION DISTRICTS
The watershed protection districts shall overlay other zoning districts so that all land lying within the watershed protection districts shall also be included in the underlying district(s). Each parcel of land within the watershed protection district shall be subject to the provisions, regulations, and restrictions of both the watershed protection district and its underlying district(s). In the event of a conflict or discrepancy between the requirements of the watershed protection overlay and the underlying district(s), the more stringent shall apply.
Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Coweta County and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation, which threatens the storage capacity of reservoirs. Industrial land uses that involve the manufacture, use transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby drinking water supplies. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable.
Purpose. The purpose of the water supply watershed protection district regulation is to establish measures to protect the quality and quantity of the present and future water supply for Coweta County; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watersheds.
1.
Interpretation of certain terms and words. For the purpose of interpreting this article certain words or terms used herein shall be defined as follows:
a.
Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.
2.
List of definitions. Except as specifically defined herein or within article 3 of these regulations, all words used in this article shall carry their customary meanings as defined in a standard dictionary.
Authority. The use of the word "authority" shall mean the community development department.
Buffer. A natural or enhanced vegetated area located adjacent to reservoirs or perennial streams within a water supply watershed with no or limited minor land disturbances, such as trails and picnic areas. Specific buffer uses may be defined by local governments consistent with these criteria.
Confined animal feeding operation. A building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: horses - one per 43,560 square feet (one per acre); cow - one per 43,560 square feet; sheep or goats - one per 20,000 square feet; fowl — 20 per 43,560 square feet.
Corridor. All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.
County. The board of commissioners of Coweta County, Georgia.
Development or single development. Any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership.
Enforcer. The enforcer is defined as the community development director, or their designee.
Hazardous material. Any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereinafter amended.
Hazardous waste. Any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 CFR section 261-3 as hereafter amended and any designated hazardous waste. Also, any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A § 12-8-60 et seq., as hereafter amended.
Impervious surface. A manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples include, but are not limited to, buildings, roads, driveways, parking lots, decks, swimming pools, or patios.
Large quantity generator of hazardous waste. Any person, corporation, partnership, association or other legal entity that is defined as a "large quantity generator" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq., as hereafter amended, and that is regulated by the State of Georgia under that section.
Natural vegetation area. An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced or maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to:
(a)
Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife.
(b)
Outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, nonmotorized boating, horseback riding, swimming, canoeing, skeet and trap shooting.
(c)
Education, scientific research and nature trails.
(d)
Maintenance or repair of lawfully located roads, structures, and utilities used in their service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized.
(e)
Limited excavation, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.
Nonconforming uses. A land use activity, building or structure legally established prior to adoption of this ordinance, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this ordinance.
Overlay district. A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category.
Perennial stream. A stream that has normal stream flow consisting of base flow (discharge that enters the stream channel mainly from groundwater) or both base flow and direct runoff during any period of the year.
Reservoir boundary. The edge of a reservoir, defined by its normal pool level (elevation above mean sea level).
Streambank. The rising ground bordering a stream or river, which serves to confine the water to the natural channel during the normal course of flow. The top of the stream or riverbank is usually marked by a break in slope.
Utility. Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems. Railroads, or other utilities identified by Coweta County.
Watershed protection district. A map overlay which imposes a set of requirements in addition to those of the underlying zoning district.
Water supply reservoir. A governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.
Water supply watersheds. The area of land upstream of a governmentally owned public drinking water intake.
(Ord. No. 030-09, 9-1-09; Ord. No. 005-20, 1-7-20)
The protected water supply watershed districts are hereby designated, and shall be consist of the land areas that drain to the public water supply intake or water supply reservoir. The boundaries of these districts are defined by the ridgelines of the respective watersheds and the boundary of a radius seven miles upstream of the respective public water supply intakes.
The following watershed districts are hereby established and designated:
•
Newnan Utilities Intake on Line Creek/Little Creek as delineated by the Map Watersheds for Coweta County on Line Creek and Fayette County on Line Creek (figure 211B.i).
•
Fayette County Intake on Line Creek as delineated by the Map of Watersheds for Coweta County on Line Creek and Fayette County on Line Creek (figure 211B.i).
•
Newnan Utilities Intake on Sandy Creek/Brown Creek as delineated by the Map of Sandy/Brown Creek and Newnan Lakes Watersheds (figure 211B.ii).
•
Coweta County Intake on Cedar Creek as delineated by the Map of Coweta County B.T. Brown Intake and Sewell Mill Pond Pumpback (figure 211B.iii).
•
Coweta County Intake at B.T. Brown Reservoir as delineated by the Map of Coweta County B.T. Brown Intake and Sewell Mill Pond Pumpback (figure 211B.iii).
•
City of Senoia Intake at Hutchens Lake as delineated by the Map of City of Senoia Hutchens Lake Intake Watershed (Figure 211B.iv).
•
Newnan Utilities Intake on White Oak Creek as delineated by the Map of Coweta County White Oak Creek Intake Watershed (Figure 211B.v).
All uses allowed in the underlying zoning districts, as established by this ordinance, except for those listed in prohibited uses, are permitted in the water supply watershed protection district and subject to the following conditions and standards:
I.
Natural buffer and setback requirements.
A.
The perennial stream corridors within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:
(i)
A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the streambanks.
(ii)
No impervious surface shall be constructed within a 150-foot setback on both sides of the stream as measured from the streambanks.
(iii)
Septic tanks and septic tank drainfields are prohibited in the setback area of (ii) above.
B.
The perennial stream corridors outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:
(i)
A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the streambanks.
(ii)
No impervious surface shall be constructed within a 75-foot setback on both sides of the stream as measured from the streambanks.
(iii)
Septic tanks and septic tank drainfields are prohibited in the setback area of (ii) above.
C.
A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.
The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, whichever is greater.
Water supply reservoirs located within the Sandy Creek/Brown Creek watershed district are owned and managed by The City of Newnan. The Watershed Protection Plan for Newnan Water Plant Reservoirs and Low Flow Monitoring Plan, May 1995, was developed by Newnan Water Sewerage and Light Commission; approved by the Department of Natural Resources; adopted by the City of Newnan; and as amended, is incorporated by reference into this ordinance.
The B.T. Brown Reservoir Management Plan, as amended, is incorporated by reference into this ordinance.
The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:
I.
Utilities.
A.
Utilities shall be located as far as reasonably possible from the streambank, and shall not impair the quality of the drinking water stream.
B.
Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as possible.
II.
Forestry and agriculture activities.
A.
Agriculture activities involving the planting and harvesting of crops are exempted if they conform to the best management practices established by the Georgia Department of Agriculture.
B.
Silviculture activities must conform to the best management practices established by the Georgia Forestry Commission.
C.
The activity shall not impair the quality of the drinking water stream.
III.
Mining activities.
A.
All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.
Except for the exemptions listed, all forms of development within the watershed protection district shall be required to have a site plan submitted and approved according to this ordinance before any rezoning requests, development, or building permits may be approved or any land disturbing activity may take place. The site plan shall be certified by a Georgia Registered Engineer or Surveyor. Each site plan submitted shall include the following:
1.
A site plan drawn to a scale and showing all planned improvements including width, depth, and length of all existing and proposed structures, roads, or accessways, watercourses, drainageways, water, wastewater, and stormwater facilities, utility installations, and parking areas.
2.
Location, dimensions, an area of all impervious surfaces, both existing and proposed, on the site.
3.
The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or body of water.
4.
Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.
5.
Erosion and sedimentation control plan.
6.
Any facility in the process of expanding shall provide location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous toxic waste.
The following activities and developments are exempt from the requirement for detailed site plans:
1.
Single-family dwelling as defined in the Coweta County Zoning and Development Ordinance located within a division of land which is not subject to the county's subdivision regulations provided the applicant submits a letter or survey certified and sealed by a Georgia Registered Land Surveyor, that the boundary of the applicant's property is greater than 150 feet from a perennial stream, as measured from the top of the bank, and greater than 150 feet from the boundary of an existing or future watershed reservoir.
2.
Repairs to a facility that is part of a previously approved and permitted development.
3.
Ordinary maintenance.
A preapplication conference is strongly encouraged between the applicant and the community development department and can be scheduled at the request of the applicant. The purpose of the meeting is to review local land use restrictions, site plan requirements and the permitting process.
(Ord. No. 005-20, 1-7-20)
Within the water supply watershed district, no land disturbing activity, construction or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be full compliance with the terms of this ordinance and other applicable regulations, including, but not limited to, the Coweta County Zoning and Development Ordinance, Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Damage Prevention Ordinance. All activities that are not permissible as of right or as conditional use shall be prohibited.
1.
If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.
2.
If construction described in the development permit is suspended after work has commenced, the permit shall expire twelve months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.
All development activities or site work conducted after approval of the site plan shall conform to the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the community development director. Minor changes such as realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.
(Ord. No. 005-20, 1-7-20)
New facilities located within the water supply watershed district that handle hazardous materials of a type and amounts requiring a permit from the department of natural resources or that require disposal by a hazardous materials handler permitted or licensed by the department of natural resources at a hazardous materials facility, shall perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.
All developments and land disturbing activity within the water supply watershed district shall comply fully with the soil erosion and sedimentation control ordinance of the county.
Underground fuel and chemical storage tanks will be allowed if they meet all of the requirements set forth by the Georgia Department of Natural Resources Environmental Protection Division.
The county, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary. Enforcement procedures shall be as provided in section 273 (violations), section 277.1 (penalties), section 277.2 (Remedies), section 278 (records), section 278.1 (fees) of the Coweta County Zoning and Development Ordinance, under article 27 (administration and enforcement).
1.
All sanitary landfills with or without synthetic liners and leachate collection systems.
2.
New wastewater discharges are prohibited.
3.
New hazardous waste treatment or disposal facilities.
Each application shall comply with all existing ordinances, amendments, thereto and subsequent amendments. Said ordinances include but are not limited to the Coweta County Zoning and Development Ordinance, the Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Hazard Ordinance.
All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance.